Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1887-04-29
NOT GUILTY.
Frank Mead Acquitted in St. Paul by
the Jury on the Third Reg
ular Ballot.
After Months of Suspense, He Once
More Breathes the AIR of
Freedom.
The Verdict of the Jury Greeted
With Cheers by the Anxious
Spectators.
Embraced by His Wife.

Embraced by His Wife.
ST. PAUL, April 25-The second week of
the Mead murder trial opened this morning
with Judge Egan's preliminary statement
of the case for the state. In reciting the
occurrence previous to the shooting at the
Merchants he said: "The two men had
had dispute, and the words liar and
thief were used. Thev then separated,
but met again in the corridor of the hotel,
where hundreds of persons are continually
passing. Mead placed his hand on his hip
pocket and the dead man said: You have
a pop Yes, and l will use it, answered
Mead, and he fired almost instantly. The
state claims it was murder
H. II. Warren was the first witness
for the state. He testified that he was with
Farnsworth September 7th and heard Mead
call him G. d. thief. Ten minutes after
the two men again met in the hotel lobby,
when Mead intercepted Farnsworth and
called him a d son of b.. Farnsworth
then told him he must not repeat that.
Mead repeated it, whereupon Farnsworth
spit in Mead's face and at the same time
doubled up his fists and stepped back a
pace or two. Mead then placed his hand
in his hip pocket and Farnsworth said:
You have got pop" to which Mead re-
piled: eyes, | have; and I intend to use
it, too." While speaking, Mead drew a
pistol and a moment after fired.
Mrs. FarnswOrth testified, and DR.. Muir
ply described the nature of the wound.
This afternoon Mr.. Thompson, who took
Farnsworth's ante-mOrtem statement, test.
flied, giving the dead mans story as told to
him when FarnswOrth knew he 'uust die:
"After Farnsworth got into the hotel lobby
through the Jackson street entrance and
was about to start for the elevator he saw
Mead approach. Mead then came up and
said: You =, III fix YOU in an angry
tone of voice. Mead then came toward him
and putting his hand into his pistol pocket
drew revolver and pointed it at him.
Farnsworth then caught the wrists of Mead
and at that moment the pistol was fired"
Henry w. Ewing, of st. Louis, Vas the
next witness. He stated that he was in the
Merchants hotel on the night of September
9TH. He was talking to a friend, when his
attention was attracted to Mead and Farms
worth by the former flOurishing pistol.
Mead was standing with his back toward
witness, and as Mead raised his arm the
revolver came close to his head and he
jumped back out of it's range. Mead raised
the weapon over his shoulder and as he
lowered it, FarnswOrth caught his hands
and at this time the weapon was fired;
children. l am shot in the belly"
Mr.. HOyt read from notes made of the
declaration of deceased: LAS soon as |
came in Mead called me | said
nothing and started to go to nay room. He
again called me the same name and thief
and drew pistol, which | grabbed. At
this point the pistol went OFF,
The prosecution here rested their case.
THE DEFENSE.
Attorney Erwin opened the case for the
defense, saying: "Frank Farnsworth is
dead. and we claim that he would not have
been dead if he had not attacked Frank
Mead. We claim that they never can prove
any premedtated intention on the part of
Mead to kill Farms worth. We will show
you that the killing of Farnsworth was
done by no premeditation OH the part of
Mead. Mead was using no force but that
which the law allowed, and we claim that
Farnsw0rth met his death through the ac-
cidental discharge of the weapon during
the melee between the two.' Mr.. Erwin
WcuI Ol W SHO" tI1tG Mcdu NdS Ill SuCIl IL
physical condition that he was not able to
resist physically the battery of giant such
as deceased was as compared to the pris-
oner. MEAD carried pistol, but he did
not carry it as you or l would carry one
here. He lived in Mandan where there
was stretch of distance across the prairie
between his place of business and his
claim. He had carried this weapon so long
that it had worn hole through his panta-
looms. He bought it for no such purpose
as that of killing Farnsworth." They in
tended to show by the testimony of emf
nent physicians that Mead was suffering
from insomnia at the time of the homicide;
that his sight was so impaired that he could
not see fifteen feet. He dwelt upon the
friendly relations long existing between
passed were playful in intent.
THE DEFENDANTS STORY.
ST. PAUL, April 26.-Frank Mead was
this morning put on the stand in his own
defense, and gave an account of his life in
Minnesota and Dakota. Said he came here
in 1885, To the question What was the
condition of your health during these
army was color blind. For the past four
years have been troubled with rheuma-
tism. For the past year have been trOu-
bled with insomnia" He also stated that
he had
A SERIOUS FINANCIAL DISASTER
two years ago, resulting in insomnia and
depression Of mind. "Were you in the
habit of carrying a revolver in Man
dan ?" "Yes; not constantly, but at inter-
yals | came down from Mandan in Nav